[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 163 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 163

 To establish a grant program to help State and local law enforcement 
agencies reduce the risk of injury and death relating to the wandering 
  characteristics of some children with autism and other disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 13, 2015

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a grant program to help State and local law enforcement 
agencies reduce the risk of injury and death relating to the wandering 
  characteristics of some children with autism and other disabilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Avonte's Law Act of 2015''.

SEC. 2. GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE 
              WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

  ``PART LL--GRANT PROGRAM TO REDUCE INJURY AND DEATH RELATING TO THE 
         WANDERING AND SAFETY OF INDIVIDUALS WITH DISABILITIES

``SEC. 3021. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General may make grants to law 
enforcement agencies to--
            ``(1) reduce the risk of injury and death relating to the 
        wandering characteristics of some individuals with autism and 
        other disabilities; and
            ``(2) safeguard the well-being of individuals with 
        disabilities during interactions with law enforcement.
    ``(b) Uses of Funds.--A grant awarded under this section shall be--
            ``(1) distributed directly to a law enforcement agency; and
            ``(2) used to--
                    ``(A) provide education and resources to law 
                enforcement agencies, first responders, schools, 
                clinicians, and the public in order to--
                            ``(i) reduce the risk of wandering by 
                        individuals with autism or other disabilities;
                            ``(ii) help to identify signs of abuse in 
                        individuals with autism or other disabilities;
                            ``(iii) increase personal safety and 
                        survival skills for individuals with autism or 
                        other disabilities; and
                            ``(iv) facilitate effective communication 
                        with individuals who have communication-related 
                        disabilities, including the use of assistive 
                        communication techniques and technology;
                    ``(B) provide training and emergency protocols for 
                school administrators, staff, and families;
                    ``(C) provide response tools and training for law 
                enforcement and search-and-rescue agencies, including--
                            ``(i) tracking technology;
                            ``(ii) reverse 911 technology;
                            ``(iii) assistive communication technology;
                            ``(iv) Endangered Missing Advisories; and
                            ``(v) Federal search-and-rescue guidelines 
                        for special needs children; or
                    ``(D) provide response tools and training to law 
                enforcement agencies in order to recognize and respond 
                to individuals with intellectual and developmental 
                disabilities.
    ``(c) Standards and Best Practices for Use of Tracking Devices.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this part, the Attorney 
                General, in consultation with the Secretary of Health 
                and Human Services and leading research, advocacy, 
                self-advocacy, and service organizations, shall 
                establish standards and best practices relating to the 
                use of tracking technology to monitor children with 
                autism and other disabilities.
                    ``(B) Requirements.--In establishing the standards 
                and best practices required under subparagraph (A), the 
                Attorney General--
                            ``(i) shall determine--
                                    ``(I) the criteria used to 
                                determine which individuals would 
                                benefit from the use of a tracking 
                                device; and
                                    ``(II) who should have direct 
                                access to the tracking system; and
                            ``(ii) may establish standards and best 
                        practices the Attorney General determines are 
                        necessary to the administration of a tracking 
                        system, including procedures in order to--
                                    ``(I) safeguard the privacy of the 
                                data used by the tracking device such 
                                that--
                                            ``(aa) access to the data 
                                        is restricted to agencies 
                                        determined necessary by the 
                                        Attorney General; and
                                            ``(bb) use of the data is 
                                        solely for the purpose of 
                                        preventing injury or death;
                                    ``(II) develop criteria to 
                                determine whether use of the tracking 
                                device is the least restrictive 
                                alternative in order to prevent risk of 
                                injury or death prior to issuing the 
                                tracking device, including the previous 
                                consideration of less restrictive 
                                alternatives;
                                    ``(III) provide training for law 
                                enforcement agencies to recognize signs 
                                of abuse in their interactions with 
                                applicants;
                                    ``(IV) protecting the civil rights 
                                and liberties of children with 
                                disabilities who use tracking devices, 
                                including their rights under the Fourth 
                                Amendment of the Constitution of the 
                                United States;
                                    ``(V) establish a complaint and 
                                investigation process to address--
                                            ``(aa) incidents of 
                                        noncompliance by grant 
                                        recipients with the best 
                                        practices established by the 
                                        Attorney General or other 
                                        applicable law; and
                                            ``(bb) use of a tracking 
                                        device over the objection of a 
                                        child with a disability; and
                                    ``(VI) the role which State 
                                agencies responsible for providing 
                                services to children with developmental 
                                disabilities and State agencies 
                                responsible for child protective 
                                services should have in the 
                                administration of a tracking system.
            ``(2) Required compliance.--
                    ``(A) In general.--Each law enforcement agency that 
                receives a grant under this section shall comply with 
                any standards and best practices relating to the use of 
                tracking devices as established by the Attorney General 
                under paragraph (1), in consultation with the Secretary 
                of Health and Human Services and leading research, 
                advocacy, self-advocacy, and service organizations.
                    ``(B) Determination of compliance.--The Attorney 
                General, in consultation with the Secretary of Health 
                and Human Services, shall determine whether a law 
                enforcement agency that receives a grant under this 
                section acts in compliance with the requirement 
                described in paragraph (1).
            ``(3) Applicability of standards and best practices.--The 
        standards and best practices established by the Attorney 
        General under paragraph (1) shall apply only to the grant 
        program authorized under this part.

``SEC. 3022. APPLICATIONS.

    ``To request a grant under section 3021, the head of a law 
enforcement agency shall submit an application to the Attorney General 
in such form and containing such information as the Attorney General 
may reasonably require.

``SEC. 3023. DEFINITIONS.

    ``In this part--
            ``(1) the term `child' means an individual who is less than 
        18 years of age;
            ``(2) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e));
            ``(3) the term `law enforcement agency' means an agency of 
        a State, unit of local government, or Indian tribe that is 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law;
            ``(4) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(5) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level.

``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$10,000,000 for each of fiscal years 2016 through 2020.''.
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